Customer Support

KAMA HEALTH SERVICES LIMITED
V.
UNILEVER GHANA LIMITED

(2013) JELR 68603 (SC)

Supreme Court 19 Jul 2013 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court affirmed that where a contract for the sale of land fails due to the vendor’s inability to convey good legal title (including all requisite consents), the purchaser is entitled to a refund of the purchase price, interest at

Case Details

Suit Number:CIVIL APPEAL NO. J4/24/2013
Judges:J. DOTSE JSC (PRESIDING), ANIN-YEBOAH JSC, P. BAFFOE-BONNIE JSC, A. A. BENIN JSC, J. B. AKAMBA JSC
Counsel:ERIC MENSAH WITH HIM MELLISA AMARTEFIO FOR THE DEFENDANT /APPELLANT/APPELLANT; ABENA NTRAKWA MENSAH FOR THE PLAINTIFF/RESPONDENT /RESPONDENT.

JUDGMENT

BENIN, JSC

What began as a simple and straight-forward transaction between two Ghanaian registered limited liability companies over ten years ago has unfortunately led to a protracted litigation dating back to 30th June 2004. On the said date, the Plaintiff/Respondent/Respondent, hereinafter called the Respondent, brought an action against the Defendant/Appellant/Appellant, hereinafter called the Appellant, at the High Court seeking these reliefs:

1. Interest on the cedi equivalent of US$500,000.00 from 5th December 2002 to date of final payment at the current Bank Rate.

2. Special damages.

3. General damages for breach of contract.

4. Costs.

The facts which gave birth to the action before the High Court were the following. The Appellant sold property numbered 1-3 and 10-12 situate at Kumasi, popularly called SNR 1 SAT Building, which forms part of Kumasi Part 1 lands, to the Respondent at a fee of US$500,000.00, payable in three instalments over a given period of time. Having recei…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.